T 0716/06 of 17.06.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T071606.20080617
- Date of decision
- 17 June 2008
- Case number
- T 0716/06
- Petition for review of
- -
- Application number
- 01830178.8
- IPC class
- F04D 19/04
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Turbine pump with a stator stage integrated with a spacer ring
- Applicant name
- VARIAN S.p.A.
- Opponent name
- Pfeiffer Vacuum GmbH
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973European Patent Convention Art 113(1) 1973European Patent Convention Art 117
- Keywords
- Alleged public prior use
Witness offered but not summoned - substantial procedural violation
Remittal (yes) - Catchword
- If a request is made by an opponent to hear a witness on an alleged public prior use and on the disclosure of a certain feature by this prior use, the competent department of the EPO must as a rule grant this request before deciding that the alleged public prior use is neither established nor a novelty destroying state of the art because the feature in question is not found to be disclosed therein.
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance for further prosecution.
3. Reimbursement of the appeal fee is ordered.